Theft case against Robinson Rancheria tribal chair sees delay

LAKEPORT -- The theft case against the Robinson Rancheria Pomo Indians tribal chair faced another delay on the doorstep of trial.

Judge Andrew S. Blum granted an unopposed defense request to postpone the proceedings Friday -- five days before the jury selection process was set to start in the trial of Tracey I. Avila.

Avila, 51, of Nice has pleaded not guilty to a single felony count of grant theft. Authorities allege she stole tens of thousands of dollars from the U.S. Environmental Protection Agency and the Elem Indian Colony of Pomo Indians while working as that tribe's fiscal officer between February 2006 and September 2008.

Avila was arrested in September 2011 and held to answer for the lone charge after a preliminary hearing last October.

Her jury trial was scheduled to begin on Wednesday, but her defense counsel, R. Justin Petersen, filed a motion last week asking for a continuance, citing primarily that the defense recently received additional discovery documents and records in the case.

Petersen also stated the defense hasn't had ample time to prepare because he was previously involved in an unrelated trial and Avila's battle with kidney failure restricts her availability, according to court records. Those two issues led to a pair of trial postponements earlier this year.

Deputy district attorney Rachel Abelson, who is prosecuting the case, said she did not oppose the latest delay request, which the judge granted Friday at the Lake County Courthouse.

The trial, estimated to last six to 10 days, is now scheduled to start Aug. 14. Avila, who is out of custody, is next due in court July 16 for pretrial matters.

Jeremy Walsh is a staff reporter for Lake County Publishing. Reach him at 263-5636, ext. 37 or jwalsh@record-bee.com. Follow his court coverage on Twitter, @JeremyDWalsh or #Lakecourt.